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    <title>2004 (11) TMI 366 - CESTAT, BANGALORE</title>
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    <description>Modvat credit on inputs under Rule 57A could not be recovered where the importer had tendered duty by demand draft in favour of the Commissioner of Customs and the drafts were treated as credited. The later fraudulent clearance of goods by the Customs House Agent on forged documents did not alter the fact that the duty liability had been discharged in substance. As the assessee was not shown to have participated in the fraud, recovery under Rule 57-I(1) read with Section 11A was unjustified, and the demand for reversal of Modvat credit was held unsustainable.</description>
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    <pubDate>Fri, 05 Nov 2004 00:00:00 +0530</pubDate>
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      <title>2004 (11) TMI 366 - CESTAT, BANGALORE</title>
      <link>https://www.taxtmi.com/caselaws?id=114666</link>
      <description>Modvat credit on inputs under Rule 57A could not be recovered where the importer had tendered duty by demand draft in favour of the Commissioner of Customs and the drafts were treated as credited. The later fraudulent clearance of goods by the Customs House Agent on forged documents did not alter the fact that the duty liability had been discharged in substance. As the assessee was not shown to have participated in the fraud, recovery under Rule 57-I(1) read with Section 11A was unjustified, and the demand for reversal of Modvat credit was held unsustainable.</description>
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      <pubDate>Fri, 05 Nov 2004 00:00:00 +0530</pubDate>
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